Case Summary
The plaintiff, Self Employers Leasing and Finance Ltd, provided a loan to the first defendant, Sam Lukose, for his business. The defendants defaulted on the repayment, leading to the filing of this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants to pay the sum of 68,037₹ with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay the outstanding amount with interest.
Why Plaintiff Won:
The plaintiff successfully proved the case based on documentary and oral evidence.
The plaintiff successfully proved the case based on documentary and oral evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved the case based on documentary and oral evidence.
The plaintiff successfully proved the case based on documentary and oral evidence.
Supporting Evidence
The contents of Exhibits A1 to A4 would go to show that, defendants had availed of the loan and received the amount. Though PW1 was cross-examined, nothing could be brought out to disprove the alleged transaction.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) It is ordered that the defendants no.1, 2, 3 and 4 to pay to the plaintiff the sum of 68,037₹ with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Leasing and Finance Ltd
- Party Role
- Defendant
- Party Name
- Sam Lukose
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- E.J.Dileep
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shemina Dileep
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rasheed
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Loan application, Demand promissory Note, Agreement, Copy of statement of account, Copy of Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Benny Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. James Mathen K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Rayin K.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the loan amount from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of 68,037₹ (Rupees Sixty Eight Thousand and Thirty Seven only) with interest thereon at the rate of 6% per annum.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants no.1 to 4.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Establishes the request for the loan amount.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as evidence that the defendants agreed to repay the loan.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms agreed upon by the parties regarding the loan.
Reference:
Ext.A3
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance due as of a specific date.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates the demand made for repayment of the loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves that the lawyer notice was sent.
Reference:
Ext.A6 series
Document Type:
AD card
Submitted By:
Plaintiff
Relevance:
Confirms the receipt of the lawyer notice by the defendants.
Reference:
Ext.A7 series
Document Type:
Copy of minutes of resolution
Submitted By:
Plaintiff
Relevance:
Establishes that PW1 is authorized to represent the plaintiff.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Self Employers Leasing and Finance Ltd vs Sam Lukose et al regarding realization of money.
Case Code Year
Case between Self Employers Leasing and Finance Ltd vs Sam Lukose et al regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Financial liability - dishonoured cheque